Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-26
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become 9 part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
ersl Land Once.
An application will be rejected when the
scription Of the premises Is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
Second-The notice was not published in .
new paper designated as published nearest the
claim.
T~hlrd-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending q suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located in accord
ance with law.
Where several parties own separate and dis
tlnct portions of . claim, application for
patent may be made by either for tn at portion
Of the claim owned by him; but where several
parties own undivided interests liz z mining
claim all should Join in an application for q
patent.
A person or association may purchase az
many placer locations "a the local law adults.
and embrace them all In one application for a
patent.
Two or more lodes cannot be embraced in
one application for 9 patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing to set as g deputy for the Register and Re-
ceiver cannot be recorded 90 evidence.
In all patents for mining claims situated
within the interior boundaries of a town site
clause Is in erted excepting and excluding
all town property, rights upon the surface,
and all houses. buildings. structures, lots,
blocks. streets, alleys or other municipal i'm
provements not belonging to the grantee here
in, and all rights necessary or proper to the
occupation. possession and enjoyment of the
same"
Publication Of notice must be made q only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
rewspaper 60 days must eispse between the
first and last insertions.
Where the Register designAtes the d aily issue
Of q newspaper fer publication of notices of q
mining application for patent 1t ID not q COM
pliance with law to change to the weekly edi.
ton of the same paper without authority OF
the Register.
The existence OF o salt spring on 9 tract OF
land withdrsws 1t from the operation of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
NubEaChpE VI culh Ablu u not MlAUH6u. Lh0O
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
IL IL alleged conflicts with the premises owned
by such adverse claimant.
TIL papers IN an adverse claim, once filed
cannot be withdrawn. but become a part of the
record.
Wh.n 4. .dva~.a ct.tn 49,. 49,.
not be amended so as TO embrace q larger per.
ton OF the premises than that described in the
original adverse claim.
An adverse claim must be made out in
proper form and filed in the proper local old &C
during the period of publication OF the appli.
cation FOR the patent to be- effective.
1t 10 the duty of the adverse claimant 0
suit In proper form within the re-
Quired time, and If he trusts the uncertain
medium Of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the res III Of
the cor 'upt or dishonest action of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody-
ing conclusions OF law, without stating the
facts specially, will not be considered In svi.
dence.
An adverse claimant should show q compli.
snce with the local laws In recording his clsim
and in regard to expenditures, and shall nle q
copy Of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to a suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
Jul on MINERAL LANDS.
Where land is of little. If any value, for sQri.
cultural purposes, but is essential to the
proper development OF mining claims. ~
should be disposed OF under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled 81 any time
prior to issuance Of patent. upon satisfactory
evidence Of the existence Of such valuable de-
posits.
Where valuable deposits Of mineral are dis.
covered upon q tract after the same ias been
en- tered as agricultural, but before ,ient has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be Cancelled h
that portion of the land embraced by said
mining claim.
whero mineral deposits are discovered nm
Agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
SoAvou . pa Mout ioE clalme.
ALIENS.
foreigner may make o mining location
dispose OF 1t. provided he becomes 4 citizen
before disposing OF the mine. Proof that the
party was not 9 citizen before disposing OF hts
claim must be afirmstively shown.
Locstors and intermediate owners. other
than applicants, viii not be presumed aliens.
IN the absence Of allegation or objection prior
TO Issuance OF patent.
The portion of a mining claim sold 10 An
alien cannot be patented while such owner is
an alien but on his declarations 8 become 4
Citizen his right dates back to his purchase,
patent for his claim.
CROSS LEDGRs,
Revised Statutes. Section 1855:
wnere two or more lodges cross or intersect
esca oIner, priority OF title shall govern, and
sucn prior location shall be entitled TO ali ore
or mineral confined within the space of inter.
sscaon, put the subsequent location shall have
the right OF way through the space of inter
section ior the purpose OF the convenient
Workine OF the mine. And where two or more
veins unite the Oldask rs n.in~ too.xso. .k.ft